Laserfiche WebLink
prior written notice to Licensees Licensor may terminate this Agreement. <br />2.8 No Abandonment. Neither the granting of a license under this Agreement, nor <br />any related permits or approvals by Licensor, constitutes an abandonment by Licensor of any <br />interests in the Property or any public right -of -way, and Licensees neither assert nor claim any <br />interest or right therein, except for the rights expressly set forth in this Agreement. <br />2.9 Insurance. 1410 Owner shall include the Property and the obligations under this <br />Agreement as part of the insurance coverage provided to Licensor under that certain Drainage <br />Easement Agreement between Licensor, as grantor, and 1410 Owner, as grantee dated <br />September 14, 2012. <br />2.10 Miscellaneous. <br />A. Integration; Amendments; Recordability. This Agreement constitutes the entire <br />agreement between Licensor and Licensees on this subject, and it may be amended only by <br />written instrument executed by all parties. This Agreement is binding on the parties and their <br />successors and assigns. This Agreement shall be recorded in the real property records of Hays <br />County, Texas and shall run with the land, unless terminated by the Licensees. Whenever a <br />transfer of ownership of the 1410 Property or the 1350 Property occurs, the liability of the <br />transferor for any breach occurring thereafter shall terminate with respect to such transferor <br />provided notice of the transfer, together with proof of the requisite insurance under this <br />Agreement in the name of the transferee is provided to Licensor.. Any transferee shall <br />automatically assume and be bound by the burdens and obligations hereunder running with the <br />land to the owner of the land thereof being transferred. <br />B. Limitation of Liability. In the event of a breach or default by any party of any of <br />its obligations under this Agreement, the other party shall look solely to the defaulting party for <br />the satisfaction of such party's remedies and agrees that it does not have and will not have any <br />claims or causes of action against any disclosed or undisclosed trustee, partner, affiliate, <br />subsidiary, beneficiary, principal, member, agent, managing entity, shareholder, director, officer, <br />or employee of the other party (whether direct or indirect) including, without limitation, their <br />attorneys, accountants, consultants, engineers, brokers and advisors (collectively, "Affiliates "), <br />arising out of or in connection with this Agreement and further agrees not to sue or otherwise <br />seek to enforce any personal obligations against any of such party's Affiliates with respect to any <br />matter arising out of or in connection with this Agreement. <br />C. Governing Law; Venue. This Agreement will be interpreted and construed in <br />accordance with the laws of the state of Texas. Exclusive venue for any legal dispute under this <br />Agreement is in the state court in Hays County, Texas having jurisdiction over the dispute or in <br />the United States District Court, Western District, Austin Division if in federal court. <br />D. Further Assurances. Without additional consideration, the parties will sign, <br />acknowledge and deliver any other documents and take any other action necessary or <br />appropriate, and reasonably requested by the other, to carry out the intent and purpose of this <br />Agreement. <br />CH \1405557.7 4 <br />